Illinois General Assembly - Illinois Compiled Statutes

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

740 ILCS 22/103

(740 ILCS 22/103)

Sec. 103. Definitions. As used in this Act:

"Civil no contact order" means an emergency order or plenary order
granted under this Act, which includes a remedy authorized by Section 213
of this Act.

"Family or household members" include spouses, parents, children, stepchildren, and persons who share a common dwelling.

"Non-consensual" means a lack of freely given agreement.

"Petitioner" may mean not only any named petitioner for the civil no contact order and any named victim of non-consensual sexual conduct or non-consensual sexual penetration on whose behalf the petition is brought, but also any other person sought to be protected by this Act.

"Respondent" in a petition for a civil no contact order may mean not only the person alleged to have committed an act of non-consensual sexual conduct or non-consensual sexual penetration against the petitioner, but also any other named person alleged to have aided and abetted such an act of non-consensual sexual conduct or non-consensual sexual penetration.

"Sexual conduct" means any intentional or knowing touching or
fondling by the petitioner or the respondent, either directly or through
clothing, of the sex organs, anus, or breast of the petitioner or the
respondent, or any part of the body of a child under 13 years of age, or
any transfer or transmission of semen by the respondent upon any part of
the clothed or unclothed body of the petitioner, for the purpose of sexual
gratification or arousal of the petitioner or the respondent.

"Sexual penetration" means any contact, however slight, between
the sex organ or anus of one person by an object, the sex organ, mouth
or anus of another person, or any intrusion, however slight, of any part
of the body of one person or of any animal or object into the sex organ
or anus of another person, including but not limited to cunnilingus,
fellatio or anal penetration. Evidence of emission of semen is not
required to prove sexual penetration.

"Stay away" means to refrain from both physical presence and nonphysical contact with the petitioner directly, indirectly, or through third parties who may or may not know of the order. "Nonphysical contact" includes, but is not limited to, telephone calls, mail, e-mail, fax, and written notes.

(Source: P.A. 96-311, eff. 1-1-10.)